RENTAL AGREEMENT
INTRODUCTION
This Rental Contract (“Agreement”) is entered into between Muncie Equipment Rentals, a DBA of Welsh Venture Partners LLC (“Lessor”), an Indiana-based entity, and the undersigned renter (“Lessee”). This Agreement applies to all trailers, tools, and equipment offered by Muncie Equipment Rentals.
Specific equipment covered under this Agreement will be identified on the applicable invoice at the time of rental. Lessee assumes full responsibility for the replacement values listed for the rented equipment in the event of loss, theft, or total damage, subject only to any approved insurance coverage or Rental Damage Protection (RDP) as outlined herein.
PAYMENT POLICY
Full rental payment and any required security deposit are due prior to the equipment being dispatched or received, with a valid credit or debit card kept on file for the duration of the rental. An invoice will be issued upon receipt of the completed rental agreement and will remain active throughout the rental period. Any approved extensions, modifications, or additional charges will be reflected on the same invoice and billed accordingly.
By signing this Agreement, the Lessee expressly authorizes Muncie Equipment Rentals to charge the payment method on file for all amounts owed under this Agreement, including but not limited to rental charges, extensions, delivery and recovery costs, fuel charges, cleaning fees, damage repairs, tire replacement, overages, late fees, administrative fees, and any other costs incurred as a result of the rental.
Failure to remit payment, disputed charges, declined transactions, or chargebacks constitute a material breach of this Agreement. In such cases, MER reserves the right to pursue all available remedies, including suspension of future rentals, recovery of equipment, collection efforts, and legal action.
The Lessee agrees to be responsible for all reasonable costs incurred by MER in enforcing this Agreement, including collection costs, court costs, and reasonable attorney fees, where permitted by law.
CANCELLATIONS, REFUNDS & CREDITS
Cancellation & Reservation Policy
Equipment reserved by the Lessee is removed from availability and may result in lost rental opportunities. Reserved rental time constitutes billable time.
Standard Cancellations (No Preparation or Dispatch Performed)
If the equipment has not been prepped, loaded, dispatched, or scheduled for delivery, cancellation charges apply to the equipment rental charges only, excluding delivery, Rental Damage Protection (RDP), and other non-rental services:
48 or more hours prior to scheduled start time: Full refund
24 to 48 hours prior to scheduled start time: 25% of the equipment rental charges
Less than 24 hours prior to scheduled start time: 50% of the equipment rental charges or the minimum rental period, whichever is greater
Applicable taxes will be assessed in accordance with state and local law.
Cancellations After Preparation or Dispatch Scheduling
If the equipment has been prepped, loaded, dispatched, or delivery labor has been scheduled, the cancellation charges above apply in full, and the Lessee will also be responsible for the outbound delivery portion of the delivery fee, representing labor and mobilization already performed.
The outbound delivery portion is calculated as 50% of the invoiced delivery fee, as the return pickup has not yet occurred.
Delivered Equipment
If the equipment has been delivered to the Lessee or job site, the Lessee is responsible for:
50% of the total equipment rental charges or the minimum rental period, whichever is greater, plus
100% of the delivery fee, representing both outbound delivery and required return pickup services
These charges apply regardless of use.
Cancellation charges are not a penalty, but compensation for reserved rental time, lost utilization, and incurred labor and transportation costs. Failure to remit payment authorizes the Lessor to pursue collection, legal remedies, and recovery of associated costs, including reasonable attorney fees.
Equipment Issues & Refund Eligibility
Refunds are not automatic. If a renter experiences issues with equipment during the rental period, a full or partial refund or credit may be authorized on a case-by-case basis, subject to approval by Muncie Equipment Rentals (MER) management. Refund determinations are based primarily on the severity of the issue and the impact on the equipment’s usability, rather than minor inconvenience.
At MER’s discretion, an alternative piece of equipment may be offered to allow the renter to continue work in lieu of a refund.
Refund Method & Credits
Muncie Equipment Rentals does not issue cash refunds. Approved refunds will be issued using the same payment method used for the rental, whether via card on file or invoice payment.
Rental credits or gift certificates may be issued in place of a cash-equivalent refund, at MER’s discretion, particularly for minor issues or partial disruptions.
Early returns do not constitute a refund.
Customer Pick-Up Delays
If equipment is not ready at the scheduled customer pickup time, Muncie Equipment Rentals will make reasonable efforts to accommodate the renter. If the equipment is not available within one (1) hour of the scheduled pickup time, the renter may cancel the rental at no cost or penalty.
Delivery Delays
While Muncie Equipment Rentals strives to arrive early whenever possible, delivery times cannot be guaranteed due to factors beyond our control, including but not limited to traffic conditions, inclement weather, mechanical breakdowns, or other unforeseen delays.
If delivery occurs more than one (1) hour later than the scheduled delivery window, the renter may request a rental credit toward a future rental, subject to approval by MER management.
In severe cases where equipment cannot be delivered within a reasonable amount of time, the Lessee may request a partial or full refund, subject to approval by MER management.
Exclusions & Rescheduling
Refunds or credits will not be issued for delays, weather conditions, or circumstances beyond the control of Muncie Equipment Rentals, unless otherwise approved in writing.
At MER’s discretion and subject to equipment availability, renters may be permitted to reschedule rental dates in lieu of a refund. While MER will make reasonable efforts to accommodate scheduling changes when possible, inclement weather or being rained out does not constitute grounds for a refund.
Any rental extensions required due to weather conditions will be billed at the full applicable rental rate.
EQUIPMENT USE & RESPONSIBILITY
Equipment must remain within the State of Indiana unless prior written approval is obtained. Lessee is responsible for safe transport of the equipment, including the use of properly rated vehicles, hitches, trailers, and securement methods, and for ensuring all loads are properly secured during transport. Lessor is not responsible for damage caused by improper securement or unsafe transport practices.
Lessee assumes full responsibility for ensuring attachments are properly secured to the rented equipment and are compatible with the equipment being used. When renting attachments only, Lessee is responsible for confirming compatibility with their own equipment. Lessor is not liable for damage resulting from incompatible use, improper installation, or misuse of attachments on owned or rented equipment.
Equipment may only be used for its intended purpose and operated by trained, authorized individuals. Equipment may be equipped with telematics or GPS tracking systems, and data related to location, usage, and operating behavior may be collected for safety, theft prevention, maintenance, and compliance purposes.
Lessee is solely responsible for the actions, operation, and conduct of any person permitted to use or access the equipment, including employees, contractors, agents, or third parties. Any use by such individuals shall be deemed use by the Lessee.
Subleasing, re-renting, lending, or transferring possession or control of the equipment to any third party without prior written consent from Muncie Equipment Rentals is strictly prohibited.
TRAILER USE RESTRICTIONS
(Dump Trailers, Equipment Haulers & Utility Trailers)
Permitted Use
Dump trailers may be used for hauling general construction and landscaping materials, including but not limited to: construction debris, wood chips, brush, logs, gravel, soil, mulch, asphalt millings, and small concrete pieces or stones. Care must be taken at all times to avoid denting, deforming, or otherwise damaging the trailer bed or structure.
Prohibited Materials, Loads & Conditions
The following materials, uses, and conditions are strictly prohibited unless expressly approved in writing by Muncie Equipment Rentals (MER):
Hot asphalt. Any trailer returned with evidence of hot asphalt use will be subject to a minimum $300 cleaning fee, plus any additional damage, repair, or downtime costs.
Animal or human waste, including but not limited to manure, feces, bedding contaminated with waste, or biological material from livestock or agricultural operations (including pigs, chickens, cows, or similar animals). Evidence of such use will result in a minimum $300 cleaning and remediation fee, plus any additional costs required to restore the equipment to rentable condition.
Oil, fertilizer, liquid waste, hazardous materials, corrosive chemicals, or contaminated substances. Use of these materials may result in cleaning, repair, decontamination, or replacement charges.
Overloading. Under no circumstances may equipment or trailers be loaded beyond their rated capacity, which is clearly marked. Overloading constitutes misuse, may cause structural or mechanical damage, and voids any applicable Rental Damage Protection (RDP).
MER reserves the right to determine, at its sole discretion, whether prohibited materials, loads, or conditions have occurred based on inspection, odor, residue, contamination, or other observable evidence.
Capacity & Towing Responsibility
Lessee is solely responsible for ensuring that all loads remain within the rated capacity of the trailer and that towing vehicles, hitches, and braking systems are properly rated and compatible. Damage resulting from overloading, improper towing, or misuse is the sole responsibility of the Lessee.
Tires & Dump Use
Flat tires resulting from use at landfills, job sites, disposal facilities, or similar environments—including damage caused by nails, debris, sharp objects, or improper operation—are the responsibility of the Lessee. Costs for tire repair or replacement will be billed in full.
Flat tires are not considered normal wear and tear and are not covered by Rental Damage Protection (RDP).
Any use of trailers or equipment in violation of this Agreement, including but not limited to overloading beyond rated capacity, hauling prohibited materials, or other misuse resulting in damage, constitutes a material breach of this Agreement and may void any applicable RDP, at the sole discretion of Muncie Equipment Rentals.
CARE, MAINTENANCE & REPORTING
The Lessee is responsible for performing required routine maintenance during the rental period, as outlined in the provided daily maintenance checklist. For rentals exceeding one (1) day, daily operational checks are required, including but not limited to fluid levels, greasing (where applicable), and general condition monitoring.
Unauthorized repairs, alterations, or modifications to the equipment are strictly prohibited.
The Lessee must immediately notify Muncie Equipment Rentals of any damage, malfunction, mechanical issue, abnormal operation, warning indicator, overheating, leak, theft, injury, or other incident involving the equipment by calling or texting 765-787-0123.
Failure to promptly report an issue may result in the Lessee being held fully responsible for any additional damage, mechanical failure, or loss that occurs as a result of continued operation, misuse, or delayed reporting.
If an incident involves injury, theft, or significant damage, law enforcement or emergency services must be contacted as appropriate. Site conditions must not be altered following an incident unless necessary for safety or as directed by authorities.
Rental charges will continue during investigation, repair, recovery, or resolution of reported issues unless otherwise approved in writing by Muncie Equipment Rentals.
EXTENSIONS & USAGE LIMITS
Rental extensions are not guaranteed and are subject to equipment availability and existing obligations to other renters, at the sole discretion of the Rental Center. Approved extensions will be added to the existing invoice rather than issuing a new invoice. Additional rental time will be billed at the applicable rate and must be paid prior to the extension taking effect.
Usage Limits
(Applies only to equipment equipped with an hour meter or telematics; excludes dump trailers, utility trailers, and other non-metered equipment.)
Daily limit: 8 operating hours
Weekly limit: 60 operating hours
Monthly limit: 240 operating hours
Operating hours in excess of these limits may be billed at $25–$50 per hour, depending on the equipment.
RENTAL PACKAGES & BUNDLED PRICING
Muncie Equipment Rentals may offer discounted rental packages that include multiple pieces of equipment, attachments, or trailers at a combined rate. Package pricing is offered solely as a pricing convenience and does not alter the individual responsibilities, liabilities, or usage requirements applicable to each item.
Each piece of equipment within a rental package is treated as a separate rental item for purposes of liability, damage assessment, usage limits, insurance, and Rental Damage Protection (RDP). RDP limits and responsibilities apply per piece of equipment, not per package.
Early return, non-use, or partial cancellation of items within a package does not entitle the renter to a refund or re-pricing, unless otherwise approved in writing by Muncie Equipment Rentals. Package pricing is based on the full rental period and equipment allocation.
In the event that a package item becomes unavailable due to mechanical issues, prior commitments, or unforeseen circumstances, Muncie Equipment Rentals may, at its discretion, substitute comparable equipment, adjust pricing, or issue a credit, depending on availability and circumstances.
FUELING POLICY
Using incorrect, mixed, stale, or contaminated fuel can cause severe engine damage and may result in full financial responsibility for repairs or replacement. Fuel contamination is not normal wear and tear and is not covered by Rental Damage Protection (RDP).
Authorized Fuel Containers (Diesel Equipment)
All delivered or self-transported equipment that operates on diesel will be provided with an approved fuel container (5-gallon capacity) by Muncie Equipment Rentals. This container is the only authorized intermediary fuel container permitted to be filled at a fuel station and used to refuel the equipment.
The provided fuel container must be returned with the equipment. Failure to return the container will result in a $50 replacement charge.
Fuel Quality Requirements (All Equipment)
The Lessee is responsible for ensuring that only new, clean, and uncontaminated fuel is added to all equipment, including both diesel- and gasoline-powered machines.
The use of incorrect fuel, mixed fuel, contaminated fuel, old or previously stored fuel, or fuel transferred from unauthorized tanks or containers is strictly prohibited and will result in damage and repair charges.
Fuel must be sourced from a certified fuel station unless otherwise approved in writing by Muncie Equipment Rentals.
Unauthorized Fuel Transfer Prohibited
Fuel must not be transferred from alternate tanks, drums, cans, or third-party equipment unless explicitly approved by Muncie Equipment Rentals. Unauthorized fuel transfer constitutes misuse of the equipment.
Fuel Levels & Refueling Charges
Fuel Level at Delivery or Pickup
All equipment—whether delivered or self-transported—is provided to the Lessee with a full fuel tank. If the Lessee believes the equipment was not received with a full tank, the discrepancy must be reported to Muncie Equipment Rentals immediately upon receipt. Failure to report a fuel level discrepancy at the time of delivery or pickup will result in the Lessee being charged for the full amount of fuel used during the rental period.
Self-Transported Equipment
Self-transported equipment must be returned with a full fuel tank. Equipment returned without a full tank will be refueled by Muncie Equipment Rentals and billed at $6.00 per gallon.
Delivered Equipment
Delivered equipment does not require refueling by the Lessee. Fuel consumed during the rental will be billed at the prevailing market fuel rate once the equipment is returned.
Responsibility for Fuel-Related Damage
Any damage resulting from improper fueling, fuel contamination, or unauthorized fuel handling is the sole responsibility of the Lessee and is not covered under RDP.
RETURN CONDITION & CLEANING
Return Condition
Equipment must be returned in the same condition as received, minus normal wear and tear. All equipment will be inspected upon return. The Lessee is responsible for any damage beyond normal wear and tear, including damage identified during Muncie Equipment Rentals’ post-rental inspection, that is not covered under the Rental Damage Protection (RDP) policy.
Cleaning
Equipment must be returned reasonably clean and free of excessive dirt, mud, debris, or material buildup. Equipment returned in an excessively dirty condition may be subject to a cleaning fee of $50–$150, based on the condition at return.
Smoking in cabbed or enclosed equipment is strictly prohibited. Evidence of smoking—including odor, residue, ash, or debris—inside cabbed or enclosed machines will result in a minimum $300 cleaning and deodorization fee, plus any additional downtime, remediation, or lost-rental costs required to return the equipment to rentable condition.
DAMAGE, LOSS & LIABILITY
Except as expressly limited by an approved insurance policy or the Rental Damage Protection (RDP) program, the Lessee assumes full responsibility for any loss of, or damage to, the equipment during the rental period, including while in transit, in use, stored at a jobsite, or otherwise in the Lessee’s care, custody, or control.
In the event of total loss, theft, or destruction of the equipment, the Lessee is responsible for the full replacement cost, as determined by Muncie Equipment Rentals (MER). The Lessee remains fully responsible for loss or damage caused by third parties, unauthorized users, or anyone other than the Lessee, regardless of fault.
If Rental Damage Protection (RDP) is voided due to misuse, improper operation, or violation of this Agreement, the Lessee shall be fully responsible for all resulting loss or damage, including full repair or replacement costs.
If equipment is abandoned, inaccessible, or unrecoverable due to site conditions, eviction, non-payment, or the Lessee’s failure to cooperate, MER reserves the right to recover the equipment by any reasonable means. All recovery, towing, storage, transportation, and associated costs shall be billed to the Lessee, and rental charges shall continue to accrue until the equipment is recovered.
INSURANCE
Lessee is strongly encouraged to maintain $1,000,000 in general liability coverage that includes rented equipment. Insurance should cover the full replacement value of the equipment. If no insurance is provided, Lessee assumes full financial responsibility for all loss or damage.
Lessee agrees to defend, indemnify, and hold harmless Muncie Equipment Rentals from any claims, damages, losses, liabilities, or expenses arising from the use, possession, or operation of the equipment.
RENTAL DAMAGE PROTECTION (RDP)
Rental Damage Protection (RDP) is a mandatory damage protection program applied to all rentals unless a written waiver is approved in advance by Muncie Equipment Rentals (MER).
RDP is charged at 10% of the rental subtotal, excluding delivery, taxes, and non-rental services, and limits the Lessee’s financial responsibility to $500 per piece of equipment for eligible accidental damage occurring during normal and intended use. RDP applies per piece of equipment, not per incident or per rental agreement.
RDP is not insurance and does not satisfy any state-mandated insurance requirements.
RDP does not cover damage or loss resulting from misuse, abuse, negligence, improper operation, incorrect or contaminated fuel, tire or track damage, theft, total loss, abandonment, unauthorized repairs or modifications, prohibited materials, environmental conditions, or any violation of this Agreement. RDP may be voided in full if these conditions occur.
Full RDP terms, including coverage details, exclusions, and common repair costs, are available at: muncieequipmentrentals.com/rental-damage-protection
By signing this Agreement, the Lessee acknowledges that they have been provided access to the full RDP terms and agree to be bound by them.
RDP Waivers
RDP may be waived only if the Lessee provides valid proof of insurance, including General Liability and Inland Marine (or equivalent) coverage, covering rented equipment and listing Muncie Equipment Rentals as the Certificate Holder, and signs a Rental Damage Waiver accepting full financial responsibility for all loss or damage. Waivers must be approved in writing prior to equipment release. Once waived, RDP cannot be reinstated unless reauthorized by MER.
PICK-UP & RETURN POLICY
Pick-up and drop-off times are listed on the invoice and must be adhered to. For delivered rentals, the renter must be present at the time of drop-off. For equipment pick-up, the renter may be absent with prior notice. No pick-ups or returns occur on Sundays or recognized holidays. Early returns do not constitute a refund.
A one (1) hour grace period applies to all rentals. Returns exceeding the grace period will be billed at $50 per hour or the applicable daily rental rate, whichever is greater. If a Lessee anticipates being unable to return the equipment within the scheduled timeframe, they are strongly encouraged to contact the Rental Center as soon as possible to request an extension in order to avoid late fees. Rental extensions are subject to availability and approval by the Rental Center and are not guaranteed.
If previously unreported damage is discovered at the time of pick-up, the equipment will not be moved until the renter has been contacted and made aware of the condition. Any remediation or resolution will proceed in accordance with this Agreement and any applicable Rental Damage Protection (RDP) or insurance coverage.
RIGHT TO TERMINATE RENTAL
Muncie Equipment Rentals reserves the right to immediately suspend or terminate this rental and reclaim possession of the equipment, with or without notice, if the Lessee violates this Agreement, fails to make required payments, misuses the equipment, or operates the equipment in an unsafe or improper manner.
MER may also terminate the rental if it reasonably determines that continued use of the equipment poses a risk to persons, property, or the equipment itself. This includes, but is not limited to, situations where MER reasonably suspects:
Unsafe or improper operation of the equipment
Operation by an unauthorized or unqualified individual
Operation while under the influence of alcohol, drugs, or other impairing substances
Use of the equipment in violation of this Agreement or applicable laws
Termination under this section does not relieve the Lessee of financial responsibility for all accrued rental charges, delivery and recovery costs, damages, or losses incurred prior to or as a result of termination.
DISCLAIMER OF WARRANTIES
All equipment is rented “AS IS” and “AS AVAILABLE.” Muncie Equipment Rentals makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, except as expressly stated in this Agreement.
SEVERABILITY & ENTIRE AGREEMENT
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements, whether written or oral.
GOVERNING LAW, DISPUTES & FORCE MAJEURE
This Agreement is governed by and construed in accordance with the laws of the State of Indiana. Any dispute arising out of or relating to this Agreement shall be mediated in Muncie, Indiana, prior to the initiation of any legal action.
Lessor shall not be liable for delays, failures to perform, or inability to fulfill rental obligations caused by events beyond its reasonable control, including but not limited to natural disasters, severe weather, labor disputes, supply chain disruptions, acts of government, or other force majeure events.
SIGNATURE & ACKNOWLEDGEMENT
By signing below, I confirm I have read, understood, and agreed to the terms of this Rental Agreement.
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